SHB 1053 -
By Committee on Judiciary
ADOPTED AND ENGROSSED 4/5/11
Strike everything after the enacting clause and insert the following:
"Sec. 1 RCW 11.88.020 and 1997 c 312 s 1 are each amended to read
as follows:
(1) Any suitable person over the age of eighteen years, or any
parent under the age of eighteen years or, if the petition is for
appointment of a professional guardian, any individual or guardianship
service that meets any certification requirements established by the
administrator for the courts, may, if not otherwise disqualified, be
appointed guardian or limited guardian of the person and/or the estate
of an incapacitated person. A financial institution subject to the
jurisdiction of the department of financial institutions and authorized
to exercise trust powers, and a federally chartered financial
institution when authorized to do so, may act as a guardian of the
estate of an incapacitated person without having to meet the
certification requirements established by the administrator for the
courts. No person is qualified to serve as a guardian who is
(a) under eighteen years of age except as otherwise provided
herein;
(b) of unsound mind;
(c) convicted of a felony or of a misdemeanor involving moral
turpitude;
(d) a nonresident of this state who has not appointed a resident
agent to accept service of process in all actions or proceedings with
respect to the estate and caused such appointment to be filed with the
court;
(e) a corporation not authorized to act as a fiduciary, guardian,
or limited guardian in the state;
(f) a person whom the court finds unsuitable.
(2) The professional guardian certification requirements required
under this section shall not apply to a testamentary guardian appointed
under RCW 11.88.080.
(3) If a guardian or limited guardian is not a certified
professional guardian or financial institution authorized under this
section, the guardian or limited guardian shall complete any
standardized training video or web cast for lay guardians made
available by the administrative office of the courts and the superior
court where the petition is filed unless granted a waiver by the court
under RCW 11.92.043 or 11.92.040. The training video or web cast must
be provided at no cost to the guardian or limited guardian.
(a) If a petitioner requests the appointment of a specific
individual to act as a guardian or limited guardian, the petition for
guardianship or limited guardianship shall include evidence of the
successful completion of the required training video or web cast by the
proposed guardian or limited guardian. The superior court may defer
the completion of the training requirement to a date no later than
ninety days after appointment if the petitioner requests expedited
appointment due to emergent circumstances.
(b) If no person is identified to be appointed guardian or limited
guardian at the time the petition is filed, then the court shall
require the completion of the required training video or web cast by a
date no later than ninety days after the appointment.
Sec. 2 RCW 11.88.030 and 2009 c 521 s 36 are each amended to read
as follows:
(1) Any person or entity may petition for the appointment of a
qualified person, ((trust company, national bank, or nonprofit
corporation)) certified professional guardian, or financial institution
authorized in RCW 11.88.020 as the guardian or limited guardian of an
incapacitated person. No liability for filing a petition for
guardianship or limited guardianship shall attach to a petitioner
acting in good faith and upon reasonable basis. A petition for
guardianship or limited guardianship shall state:
(a) The name, age, residence, and post office address of the
alleged incapacitated person;
(b) The nature of the alleged incapacity in accordance with RCW
11.88.010;
(c) The approximate value and description of property, including
any compensation, pension, insurance, or allowance, to which the
alleged incapacitated person may be entitled;
(d) Whether there is, in any state, a guardian or limited guardian,
or pending guardianship action for the person or estate of the alleged
incapacitated person;
(e) The residence and post office address of the person whom
petitioner asks to be appointed guardian or limited guardian;
(f) The names and addresses, and nature of the relationship, so far
as known or can be reasonably ascertained, of the persons most closely
related by blood, marriage, or state registered domestic partnership to
the alleged incapacitated person;
(g) The name and address of the person or facility having the care
and custody of the alleged incapacitated person;
(h) The reason why the appointment of a guardian or limited
guardian is sought and the interest of the petitioner in the
appointment, and whether the appointment is sought as guardian or
limited guardian of the person, the estate, or both;
(i) A description of any alternate arrangements previously made by
the alleged incapacitated person, such as trusts or powers of attorney,
including identifying any guardianship nominations contained in a power
of attorney, and why a guardianship is nevertheless necessary;
(j) The nature and degree of the alleged incapacity and the
specific areas of protection and assistance requested and the
limitation of rights requested to be included in the court's order of
appointment;
(k) The requested term of the limited guardianship to be included
in the court's order of appointment; and
(l) Whether the petitioner is proposing a specific individual to
act as guardian ad litem and, if so, the individual's knowledge of or
relationship to any of the parties, and why the individual is proposed.
(2) The petition shall include evidence of successful completion of
any training required under RCW 11.88.020 by the proposed guardian or
limited guardian unless the petitioner requests expedited appointment
due to emergent circumstances.
(((2))) (3)(a) The attorney general may petition for the
appointment of a guardian or limited guardian in any case in which
there is cause to believe that a guardianship is necessary and no
private party is able and willing to petition.
(b) Prepayment of a filing fee shall not be required in any
guardianship or limited guardianship brought by the attorney general.
Payment of the filing fee shall be ordered from the estate of the
incapacitated person at the hearing on the merits of the petition,
unless in the judgment of the court, such payment would impose a
hardship upon the incapacitated person, in which case the filing shall
be waived.
(((3))) (4) No filing fee shall be charged by the court for filing
either a petition for guardianship or a petition for limited
guardianship if the petition alleges that the alleged incapacitated
person has total assets of a value of less than three thousand dollars.
(((4))) (5)(a) Notice that a guardianship proceeding has been
commenced shall be personally served upon the alleged incapacitated
person and the guardian ad litem along with a copy of the petition for
appointment of a guardian. Such notice shall be served not more than
five court days after the petition has been filed.
(b) Notice under this subsection shall include a clear and easily
readable statement of the legal rights of the alleged incapacitated
person that could be restricted or transferred to a guardian by a
guardianship order as well as the right to counsel of choice and to a
jury trial on the issue of incapacity. Such notice shall be in
substantially the following form and shall be in capital letters,
double-spaced, and in a type size not smaller than ten-point type:
Sec. 3 RCW 11.92.043 and 1991 c 289 s 11 are each amended to read
as follows:
It shall be the duty of the guardian or limited guardian of the
person:
(1) To file within three months after appointment a personal care
plan for the incapacitated person which shall include (a) an assessment
of the incapacitated person's physical, mental, and emotional needs and
of such person's ability to perform or assist in activities of daily
living, and (b) the guardian's specific plan for meeting the identified
and emerging personal care needs of the incapacitated person.
(2) To file annually or, where a guardian of the estate has been
appointed, at the time an account is required to be filed under RCW
11.92.040, a report on the status of the incapacitated person, which
shall include:
(a) The address and name of the incapacitated person and all
residential changes during the period;
(b) The services or programs which the incapacitated person
receives;
(c) The medical status of the incapacitated person;
(d) The mental status of the incapacitated person;
(e) Changes in the functional abilities of the incapacitated
person;
(f) Activities of the guardian for the period;
(g) Any recommended changes in the scope of the authority of the
guardian;
(h) The identity of any professionals who have assisted the
incapacitated person during the period;
(i)(i) Evidence of the guardian or limited guardian's successful
completion of any standardized training video or web cast for guardians
or limited guardians made available by the administrative office of the
courts and the superior court when the guardian or limited guardian:
(A) Was appointed prior to July 24, 2011; (B) is not a certified
professional guardian or financial institution authorized under RCW
11.88.020; and (C) has not previously completed the requirements of RCW
11.88.020(3). The training video or web cast must be provided at no
cost to the guardian or limited guardian.
(ii) The superior court may, upon (A) petition by the guardian or
limited guardian; or (B) any other method as provided by local court
rule: (I) For good cause, waive this requirement for guardians
appointed prior to July 24, 2011. Good cause shall require evidence
that the guardian already possesses the requisite knowledge to serve as
a guardian without completing the training. When determining whether
there is good cause to waive the training requirement, the court shall
consider, among other facts about the guardianship, whether the
guardian is a family member caring for another family member with a
developmental disability whose estate is worth three thousand dollars
or less; the length of time the guardian has been serving the
incapacitated person; whether the guardian has timely filed all
required reports with the court; whether the guardian is monitored by
other state or local agencies; and whether there have been any
allegations of abuse, neglect, or a breach of fiduciary duty against
the guardian; or (II) extend the time period for completion of the
training requirement for ninety days; and
(j) Evidence of the guardian or limited guardian's successful
completion of any additional or updated training video or web cast
offered by the administrative office of the courts and the superior
court as is required at the discretion of the superior court unless the
guardian or limited guardian is a certified professional guardian or
financial institution authorized under RCW 11.88.020. The training
video or web cast must be provided at no cost to the guardian or
limited guardian.
(3) To report to the court within thirty days any substantial
change in the incapacitated person's condition, or any changes in
residence of the incapacitated person.
(4) Consistent with the powers granted by the court, to care for
and maintain the incapacitated person in the setting least restrictive
to the incapacitated person's freedom and appropriate to the
incapacitated person's personal care needs, assert the incapacitated
person's rights and best interests, and if the incapacitated person is
a minor or where otherwise appropriate, to see that the incapacitated
person receives appropriate training and education and that the
incapacitated person has the opportunity to learn a trade, occupation,
or profession.
(5) Consistent with RCW 7.70.065, to provide timely, informed
consent for health care of the incapacitated person, except in the case
of a limited guardian where such power is not expressly provided for in
the order of appointment or subsequent modifying order as provided in
RCW 11.88.125 as now or hereafter amended, the standby guardian or
standby limited guardian may provide timely, informed consent to
necessary medical procedures if the guardian or limited guardian cannot
be located within four hours after the need for such consent arises.
No guardian, limited guardian, or standby guardian may involuntarily
commit for mental health treatment, observation, or evaluation an
alleged incapacitated person who is unable or unwilling to give
informed consent to such commitment unless the procedures for
involuntary commitment set forth in chapter 71.05 or 72.23 RCW are
followed. Nothing in this section shall be construed to allow a
guardian, limited guardian, or standby guardian to consent to:
(a) Therapy or other procedure which induces convulsion;
(b) Surgery solely for the purpose of psychosurgery;
(c) Other psychiatric or mental health procedures that restrict
physical freedom of movement, or the rights set forth in RCW
((71.05.370)) 71.05.217.
A guardian, limited guardian, or standby guardian who believes
these procedures are necessary for the proper care and maintenance of
the incapacitated person shall petition the court for an order unless
the court has previously approved the procedure within the past thirty
days. The court may order the procedure only after an attorney is
appointed in accordance with RCW 11.88.045 if no attorney has
previously appeared, notice is given, and a hearing is held in
accordance with RCW 11.88.040.
Sec. 4 RCW 11.88.095 and 1995 c 297 s 5 are each amended to read
as follows:
(1) In determining the disposition of a petition for guardianship,
the court's order shall be based upon findings as to the capacities,
condition, and needs of the alleged incapacitated person, and shall not
be based solely upon agreements made by the parties.
(2) Every order appointing a full or limited guardian of the person
or estate shall include:
(a) Findings as to the capacities, condition, and needs of the
alleged incapacitated person;
(b) The amount of the bond, if any, or a bond review period;
(c) ((When the next report of the guardian is due;)) The date the account or report shall be filed. The date of
filing an account or report shall be within ninety days after the
anniversary date of the appointment;
(d)
(d) A directive to the clerk of court to issue letters of
guardianship;
(e) Whether the guardian ad litem shall continue acting as guardian
ad litem;
(((e))) (f) Whether a review hearing shall be required upon the
filing of the inventory;
(((f))) (g) Whether a review hearing is required upon filing the
initial personal care plan;
(h) The authority of the guardian, if any, for investment and
expenditure of the ward's estate; ((and)) (i) Names and addresses of those persons described in RCW
11.88.090(5)(d), if any, whom the court believes should receive copies
of further pleadings filed by the guardian with respect to the
guardianship. The guardian, within ninety days from the date of the
appointment, shall, in writing, notify the persons identified by the
court of their right to request special notice of proceedings as
described in RCW 11.92.150; and
(g)
(j) A guardianship summary placed directly below the case caption
or on a separate cover page in the following form, or a substantially
similar form, containing the following information:
Date Guardian Appointed: | . . . . . . . . . . . . |
Due Date for Report and Accounting: | . . . . . . . . . . . . |
Date of Next Hearing | . . . . . . . . . . . . |
Bond Amount: | $ . . . . . . . . . . . . |
Restricted Account Agreements Required | . . . . . . . . . . . . |
Due Date for Inventory: | . . . . . . . . . . . . |
Due Date for Care Plan: | . . . . . . . . . . . . |
Incapacitated Person (IP) | Guardian of: [ ] Estate [ ] Person |
Name: | Name: |
Address: | Address: |
Phone: | Phone: |
Facsimile: | Facsimile: |
Interested Parties | Address | Relation to IP |
Sec. 5 RCW 11.88.125 and 2008 c 6 s 805 are each amended to read
as follows:
(1) The person appointed by the court as either guardian or limited
guardian of the person and/or estate of an incapacitated person((,))
shall file in writing with the court, within ninety days from the date
of appointment, a notice designating a standby limited guardian or
guardian to serve as limited guardian or guardian at the death or legal
incapacity of the court-appointed guardian or limited guardian. The
notice shall state the name, address, zip code, and telephone number of
the designated standby or limited guardian. Notice of the guardian's
designation of the standby guardian shall be given to the standby
guardian, the incapacitated person and his or her spouse or domestic
partner and adult children, any facility in which the incapacitated
person resides, and any person entitled to special notice under RCW
11.92.150 or any person entitled to receive pleadings pursuant to RCW
11.88.095(2)(((g))) (i). Such standby guardian or limited guardian
shall have all the powers, duties, and obligations of the regularly
appointed guardian or limited guardian and in addition shall, within a
period of thirty days from the death or adjudication of incapacity of
the regularly appointed guardian or limited guardian, file with the
superior court in the county in which the guardianship or limited
guardianship is then being administered, a petition for appointment of
a substitute guardian or limited guardian. Upon the court's
appointment of a new, substitute guardian or limited guardian, the
standby guardian or limited guardian shall make an accounting and
report to be approved by the court, and upon approval of the court, the
standby guardian or limited guardian shall be released from all duties
and obligations arising from or out of the guardianship or limited
guardianship.
(2) Letters of guardianship shall be issued to the standby guardian
or limited guardian upon filing an oath and posting a bond as required
by RCW 11.88.100 as now or hereafter amended. The oath may be filed
prior to the appointed guardian or limited guardian's death. Notice of
such appointment shall be provided to the standby guardian, the
incapacitated person, and any facility in which the incapacitated
person resides. The provisions of RCW 11.88.100 through 11.88.110 as
now or hereafter amended shall apply to standby guardians and limited
guardians.
(3) In addition to the powers of a standby limited guardian or
guardian as noted in subsection (1) of this section, the standby
limited guardian or guardian shall have the authority to provide
timely, informed consent to necessary medical procedures, as authorized
in RCW 11.92.040 as now or hereafter amended, if the guardian or
limited guardian cannot be located within four hours after the need for
such consent arises.
NEW SECTION. Sec. 6 A new section is added to chapter 11.88 RCW
to read as follows:
A guardian or limited guardian may not act on behalf of the
incapacitated person without valid letters of guardianship. Upon
appointment and fulfilling all legal requirements to serve, as set
forth in the court's order, the clerk shall issue letters of
guardianship to a guardian or limited guardian appointed by the court
in the following form, or a substantially similar form:
Sec. 7 RCW 11.88.140 and 1991 c 289 s 9 are each amended to read
as follows:
(1) TERMINATION WITHOUT COURT ORDER. A guardianship or limited
guardianship is terminated:
(a) Upon the attainment of full and legal age, as defined in RCW
26.28.010 as now or hereafter amended, of any person defined as an
incapacitated person pursuant to RCW 11.88.010 as now or hereafter
amended solely by reason of youth, RCW 26.28.020 to the contrary
notwithstanding, subject to subsection (2) of this section;
(b) By an adjudication of capacity or an adjudication of
termination of incapacity;
(c) By the death of the incapacitated person;
(d) By expiration of the term of limited guardianship specified in
the order appointing the limited guardian, unless prior to such
expiration a petition has been filed and served, as provided in RCW
11.88.040 as now or hereafter amended, seeking an extension of such
term.
(2) TERMINATION OF GUARDIANSHIP FOR A MINOR BY DECLARATION OF
COMPLETION. A guardianship for the benefit of a minor may be
terminated upon the minor's attainment of legal age, as defined in RCW
26.28.010 as now or hereafter amended, by the guardian filing a
declaration that states:
(a) The date the minor attained legal age;
(b) That the guardian has paid all of the minor's funds in the
guardian's possession to the minor, who has signed a receipt for the
funds, and that the receipt has been filed with the court;
(c) That the guardian has completed the administration of the
minor's estate and the guardianship is ready to be closed; and
(d) The amount of fees paid or to be paid to each of the following:
(i) The guardian, (ii) lawyer or lawyers, (iii) accountant or
accountants; and that the guardian believes the fees are reasonable and
does not intend to obtain court approval of the amount of the fees or
to submit a guardianship accounting to the court for approval. Subject
to the requirement of notice as provided in this section, unless the
minor petitions the court either for an order requiring the guardian to
obtain court approval of the amount of fees paid or to be paid to the
guardian, lawyers, or accountants, or for an order requiring an
accounting, or both, within thirty days from the filing of the
declaration of completion of guardianship, the guardian shall be
automatically discharged without further order of the court. The
guardian's powers will cease thirty days after filing the declaration
of completion of guardianship. The declaration of completion of
guardianship shall, at the time, be the equivalent of an entry of a
decree terminating the guardianship, distributing the assets, and
discharging the guardian for all legal intents and purposes.
Within five days of the date of filing the declaration of
completion of guardianship, the guardian or the guardian's lawyer shall
mail a copy of the declaration of completion to the minor together with
a notice that shall be substantially as follows:
CAPTION OF CASE | NOTICE OF FILING A
DECLARATION OF
COMPLETION OF
GUARDIANSHIP |
NOTICE IS GIVEN that the attached Declaration of Completion of Guardianship was filed by the undersigned in the above-entitled court on the . . . . . . day of . . . . . . , 19. . . ; unless you file a petition in the above-entitled court requesting the court to review the reasonableness of the fees, or for an accounting, or both, and serve a copy of the petition on the guardian or the guardian's lawyer, within thirty days after the filing date, the amount of fees paid or to be paid will be deemed reasonable, the acts of the guardian will be deemed approved, the guardian will be automatically discharged without further order of the court and the Declaration of Completion of Guardianship will be final and deemed the equivalent of an order terminating the guardianship, discharging the guardian and decreeing the distribution of the guardianship assets. | |
If you file and serve a petition within the period
specified, the undersigned will request the court to fix a
time and place for the hearing of your petition, and you will
be notified of the time and place of the hearing, by mail, or
by personal service, not less than ten days before the
hearing on the petition. | |
DATED this . . . . . . day of . . . . . . , 19. . . | |
. . . . . . . . . . . . | |
Guardian |
Sec. 8 RCW 11.92.053 and 1995 c 297 s 7 are each amended to read
as follows:
Within ninety days, unless the court orders a different deadline
for good cause, after the termination of a guardianship for any reason,
the guardian or limited guardian of the estate shall petition the court
for an order settling his or her account as filed in accordance with
RCW 11.92.040(2) with regard to any receipts, expenditures, and
investments made and acts done by the guardian to the date of the
termination. Upon the filing of the petition, the court shall set a
date for the hearing of the petition after notice has been given in
accordance with RCW 11.88.040. Any person interested may file
objections to the petition or may appear at the time and place fixed
for the hearing thereof and present his or her objections thereto. The
court may take such testimony as it deems proper or necessary to
determine whether an order settling the account should be issued and
the transactions of the guardian be approved, and the court may appoint
a guardian ad litem to review the report.
At the hearing on the petition of the guardian or limited guardian,
if the court is satisfied that the actions of the guardian or limited
guardian have been proper, and that the guardian has in all respects
discharged his or her trust with relation to the receipts,
expenditures, investments, and acts, then, in such event, the court
shall enter an order approving the account, and the order shall be
final and binding upon the incapacitated person, subject only to the
right of appeal as upon a final order. However, within one year after
the incompetent attains his or her majority any such account may be
challenged by the incapacitated person on the ground of fraud.
Sec. 9 RCW 11.92.040 and 1991 c 289 s 10 are each amended to read
as follows:
It shall be the duty of the guardian or limited guardian of an
estate:
(1) To file within three months after the guardian's appointment a
verified inventory of all the property of the incapacitated person
which comes into the guardian's possession or knowledge, including a
statement of all encumbrances, liens, and other secured charges on any
item;
(2) To file annually, within ninety days after the anniversary date
of the guardian's or limited guardian's appointment, and also within
((thirty)) ninety days after termination of the appointment, unless the
court for good cause orders a different deadline to file following
termination, a written verified account of the administration, which
account shall contain at least the following information:
(a) Identification of property of the guardianship estate as of the
date of the last account or, in the case of the initial account, as of
the date of inventory;
(b) Identification of all additional property received into the
guardianship, including income by source;
(c) Identification of all expenditures made during the account
period by major categories;
(d) Any adjustments to the guardianship estate required to
establish its present fair market value, including gains or losses on
sale or other disposition and any mortgages, deeds of trust or other
encumbrances against the guardianship estate; and
(e) Identification of all property held in the guardianship estate
as of the date of account, the assessed value of any real property and
the guardian's estimate of the present fair market values of other
property (including the basis on which such estimate is made), and the
total net fair market value of the guardianship estate. In addition,
immediately following such statement of present fair market value, the
account shall set forth a statement of current amount of the guardian's
bond and any other court-ordered protection for the security of the
guardianship assets;
(3) The court in its discretion may allow reports at intervals of
up to thirty-six months for estates with assets (exclusive of real
property) having a value of not more than twice the homestead
exemption. Notwithstanding contrary provisions of this section, the
guardian or limited guardian of an estate need not file an annual
report with the court if the funds of the guardianship are held for the
benefit of a minor in a blocked account unless the guardian requests a
withdrawal from such account, in which case the guardian shall provide
a written verified account of the administration of the guardianship
estate along with the guardian's petition for the withdrawal. The
guardian or limited guardian shall report any substantial change in
income or assets of the guardianship estate within thirty days of the
occurrence of the change. A hearing shall be scheduled for court
review and determination of provision for increased bond or other
provision in accordance with RCW 11.88.100;
(4) If the court reviews an account or report filed by a guardian
or limited guardian, a court order approving the account or report must
contain a guardianship summary placed directly below the case caption
or on a separate cover page in the following form, or a substantially
similar form, containing the following information:
Date Guardian Appointed: | . . . . . . . . . . . . |
Due Date for Report and Accounting: | . . . . . . . . . . . . |
Date of Next Hearing: | . . . . . . . . . . . . |
Bond Amount: | $ . . . . . . . . . . . . |
Restricted Account Agreements Required | . . . . . . . . . . . . |
Incapacitated Person (IP) | Guardian of: [ ] Estate [ ] Person |
Name: | Name: |
Address: | Address: |
Phone: | Phone: |
Facsimile: | Facsimile: |
Standby Guardian | Address | Relation to IP |
Interested Parties | Address | Relation to IP |
Sec. 10 RCW 11.92.050 and 1995 c 297 s 6 are each amended to read
as follows:
(1) Upon the filing of any intermediate guardianship or limited
guardianship account or report required by statute, or of any
intermediate account or report required by court rule or order, the
guardian or limited guardian may petition the court for an order
settling ((his or her)) the guardianship account or report with regard
to any receipts, expenditures, and investments made and acts done by
the guardian or limited guardian to the date of the interim report.
(2) Upon such ((petition)) account or report being filed, the court
may in its discretion, where the size or condition of the estate
warrants it, set a date for the hearing of the petition and require the
service of the petition and a notice of the hearing as provided in RCW
11.88.040 as now or hereafter amended or as specified by the court;
and, in the event a hearing is ordered, the court may also appoint a
guardian ad litem, whose duty it shall be to investigate the account or
report of the guardian or limited guardian of the estate and to advise
the court thereon at the hearing, in writing.
(3) At the hearing on or upon the court's review of the account or
report of the guardian or limited guardian, if the court is satisfied
that the actions of the guardian or limited guardian have been proper,
and that the guardian or limited guardian has in all respects
discharged his or her trust with relation to the receipts,
expenditures, investments, and acts, then, in such event, the court
shall enter an order approving such account or report.
(4) If a guardian or limited guardian fails to file the account or
report or fails to appear at a hearing, the court may enter an order to
show cause and require the guardian or limited guardian to appear at a
show cause hearing. At the show cause hearing the court may enter an
order for one or more of the following actions:
(a) Directing the guardian or limited guardian to appear before the
court subject to contempt sanctions;
(b) Appointing a guardian ad litem;
(c) Removing the guardian or limited guardian and appointing a
successor;
(d) Requiring the completion of any approved guardianship training
made available to the guardian by the court; or
(e) Providing other and further relief the court deems just and
equitable.
(5) If the court has appointed a guardian ad litem, the order shall
be final and binding upon the incapacitated person, subject only to the
right of appeal as upon a final order; provided that at the time of
final account of said guardian or limited guardian or within one year
after the incapacitated person attains his or her majority any such
interim account may be challenged by the incapacitated person on the
ground of fraud.
(((2))) (6) The procedure established in ((subsection (1) of)) this
section for financial accounts by guardians or limited guardians of the
estate shall apply to personal care reports filed by guardians or
limited guardians of the person under RCW 11.92.043."
SHB 1053 -
By Committee on Judiciary
ADOPTED 4/5/11
On page 1, line 3 of the title, after "force;" strike the remainder of the title and insert "amending RCW 11.88.020, 11.88.030, 11.92.043, 11.88.095, 11.88.125, 11.88.140, 11.92.053, 11.92.040, and 11.92.050; and adding a new section to chapter 11.88 RCW."